Gambar halaman
PDF
ePub

CHAPTER 51.

OF WEIGHTS AND MEASURES.

SECTION

SECTION 1. What weights, measures, and balances to 10. Treasurers, deputies, and sealers, to have be authorized standards.

seal. Form of. 2. To be replaced when necessary, and marked, 11. Sealers annually to notify inhabitants, &e., stamped, &c.

to have weights, &c., proved.
3. Treasurer to keep and furnish duplicates to 12. to annually visit and prove platform, &c.,

sworn deputy ; deputy to keep and use du- not to remove standards, &c.
plicates as standards.

13. Penalty for neglect.
4. to furnish towns with sets.

14. Fees of sealers. 5. County, city, and town treasurers to pro- 15. Vibrating steelyards allowed to be used, it vide for safe keeping, &c.

sealed. 6. Penalty on treasurers for neglect.

16. Penalty for using unsealed weights, &c. 7. Treasurers to have standards proved. Pen- 17. “ Hundred weight” to be construed the net alty.

hundred. 8. Each town sealer to have set of standards. 18. Rules for weighing. Penalty for violation. 9. Sealers accountable to towns for preserva- Who to be deemed public weighers. tion of standards.

19. Provisions respecting measures for salt and

grain.

authorized
standards.
U.S. const.
art. 1, $8.

55.

12

Gray 143

stamped, &c.
R. S. 30, $ 3.

What weights,

SECTION 1. The weights, measures, and balances, received from the measures, and United States and now in the treasury of the commonwealth, to wit,

one half bushel, one wine gallon, one wine quart, one wine pint, one wine half pint, one yard measure; a set of avoirdupois weights consist

ing of fifty, twenty-five, twenty, ten, five, four, three, two, and one $$ 1, 2. Resolver, 1843, pounds, and from eight ounces down to one drachm; one set of troy

weights, from five thousand pennyweights down to half a grain, and from one pound down to the ten-thousandth part of an ounce; and three sets of balances: also the measures caused to be made by the treasurer and now in the treasury, to wit, one of eight quarts, one of four quarts, one of two quarts, and one of one quart, dry measure, shall be, remain, and be used, as the sole authorized public standards of

weights and measures. To be replaced

SECT. 2. Such weights, measures, and balances, as may be procured when necessar from time to time to replace those before mentioned, shall be preserved ry, and marked,

in the same form and of the same dimensions, the denominations of the weights and measures being marked and stamped thereon respectively, and

they shall be sealed with the seal which is kept for that purpose by the treasurer.

SECT. 3. The treasurer shall keep the authorized public standard keep and furnish duplicates

weights, measures, and balances, in the treasury, in his care and custody. to deputy, dep. He shall furnish duplicates thereof to a deputy appointed by him, who unyeto au setaupli- shall be sworn and give bond for the faithful discharge of the duties of

his office. The duplicates shall be kept by the deputy and used by him 1847, 242, § 1.

for sealing weights, measures, and balances, in like manner as the standards kept in the treasury may be used by the treasurer.

Sect. 4. The treasurer shall furnish to each town hereafter incortowns with

porated, at a cost not exceeding one hundred and fifty dollars, a com1848, 332, $ 2. plete set of standard weights, measures, and balances, such as have Kesolves , 1847, been furnished to other towns, made to conform as near as practicable

to the models caused to be made by the treasurer as town standards.

The expense of transportation shall be defrayed by the town. County, city, SECT. 5. The several county, city, and town treasurers shall, at and town treate the expense of their respective counties, cities, and towns, provide for safe keep- therein, places for the safe and suitable keeping and preservation of the R. S. 30, $ 5.

weights, measures, and balances, furnished by the commonwealth, which 1848, 332, &$ 2, 3. shall be used only as standards. They shall have the care and oversight

thereof; shall see that they are kept in good order and repair; and if any portion of them are lost, destroyed, or irreparably damaged, shall at

Treasurer to

dards.
R. S. 30, $ 4.

to furnish

sets.

55.

1847, 242, $ 3.

the expense of the county, city, or town, replace the same by similar weights, measures, or balances.

SECT. 6. Each treasurer who neglects to provide a suitable place for Penalty on keeping such weights, measures, and balances, or to keep them in good neglect.

treasurers for order and repair, or who suffers any of them through his neglect to be 1817, 332, $ 4. lost, damaged, or destroyed, shall forfeit two hundred dollars to be recovered by indictment.

Sect. 7. Each treasurer shall once at least in every ten years have Treasurers to the standards in his custody, tried, adjusted, and sealed by the treasurer have stap

dards proved. of the commonwealth or his deputy; the expense whereof shall be paid Penalty: by the respective counties, cities, and towns. Every treasurer who 1847, 332, 7: neglects to have the standards under his charge so sealed, shall forfeit a sum not exceeding fifty dollars.

SECT. 8. When a city or town votes to have more than one sealer of Each town sealweights and measures, the treasurer shall

, at the expense thereof, pro- of standards. cure and preserve the necessary additional seals, weights, and measures, R. S. 30, $ 14. before specified; so that each sealer may have a complete set of the same.

Sect. 9. Every sealer of weights and measures shall receive of the Sealers actreasurer a set of the standards and seal, and shall give him a receipt towns for prestherefor, expressing the condition in which the same are; and he shall ervation of be accountable to the city or town for the due preservation of the same R. S. 30, $ 15. in the like condition, until he redelivers them to the treasurer.

Sect. 10. The treasurer of the commonwealth and his deputy, the Treasurers,depcounty treasurers, and the city and town sealers, shall each keep a seal uties, and sealfor their several uses. The seals of the treasurer and of his deputy shall seal. be the letters C. M., those of county treasurers shall be the initial R. S. 30, 883, 4, and final letters of their respective counties, followed by the letters 5,8; Co.; those of city and town sealers, the name of their respective cities See § 13. or towns, or such intelligible abbreviation thereof as the mayor and aldermen or selectmen may prescribe.

Sect. 11. Every sealer of weights and measures shall annually in Sealers to noti. May advertise in some newspaper, or post up notifications in different fiy inhabitants, parts of the city or town, for every inhabitant who uses weights and weights, &c., measures for the purpose of buying and selling, and for public weighers S.30

, $ 16. who have the same, to bring in their measures, weights, balances, scales, bet7 3:2, $ 5.

See § . and beams, to be adjusted and sealed; and he shall forthwith adjust and seal all weights and measures brought to him for that purpose.

SECT. 12. The sealers of each city and town shall go annually to every hay scale or platform balance which cannot be readily removed, prove bay scale, and try, adjust, and seal, the same. No sealer, except for the purposes of this section, shall carry his standards of weights, measures, or scales, 1847, 242, 6. from one place to another, for the purpose of adjusting others.

See § 13. Sect. 13. For every neglect of any duty prescribed in the three Penalty for negpreceding sections, the sealer shall forfeit a sum not exceeding twenty 2.3.30, $ 21. dollars.

Sect. 14. Each sealer of weights and measures, including the deputy Fees of sealers. of the treasurer and county treasurers, shall receive

a fee of three cents 1847, 242, $$ 4, 6. for every weight, measure, scale, beam, or balance, by him sealed, except platform balances. For sealing each platform balance weighing five thousand pounds and upwards, the sealer shall receive one dollar, and for each platform balance weighing less, fifty cents. Every sealer shall also have a reasonable compensation for all repairs, alterations, and adjustments, which it is necessary for him to make.

Sect. 15. The vibrating steelyards which have been heretofore Vibrating steelallowed and used in this state, may continue to be used: provided, to be used, if that each beam and the poises thereof shall be annually tried, proved, sealed. and sealed, by a sealer of weights and measures, like other beams and weights.

Sect. 16. Whoever sells by any other weights, measures, scales, Penalty for

to visit and

not to remove

, &c.

R. S. 30, $ 22.

1851, 68.

" Hundred

construed the net hundred.

Rules for

27.

using unsealed beams, or balances, than those which have been sealed as before pro1847, 212, SS 5, 6. vided, shall forfeit a sum not exceeding 'twenty dollars for each offence;

and when by the custom of trade they are provided by the buyer, if he purchases by any other weights, measures, scales, beams, or balances, he shall be subject to a like penalty, to be recovered by an action of tort to the use of the complainant.

Sect. 17. When commodities are sold by the hundred weight, it weight” to be shall be understood to mean the net weight of all packages from one

to one hundred pounds avoirdupois; and all contracts concerning R. S.30, $ 25.

goods sold by weight shall be understood and construed accordingly.

SECT. 18. Every public weigher of goods or commodities shall Penalty for vio- weigh the same according to the provisions of the preceding section, lation. Who to and make his certificate accordingly; and for each refusal or neglect he deemed pub- he shall forfeit a sum not exceeding ten dollars. Every weigher of R. S. 30, $$ 26, goods appointed by a city or town, and every weigher for hire or re

ward, shall be deemed and taken to be a public weigher within the

provisions of this section. Provisions re- SECT. 19. In every city and town in which section twenty-three of specting meas- chapter thirty of the Revised Statutes has been adopted according to and grain. the provisions thereof, or in which the provisions of this section shall See Ch. 41,5963, be accepted by the city council of the city, or by the inhabitants of the

town at a legal meeting, every measure by which salt or grain is sold, in addition to being conformable in capacity and diameter to the public standards, shall have a bar of iron across the middle thereof at the. top, to be approved by a sealer of weights and measures, and a bar or standard of iron from the centre of the first mentioned bar to the centre of the bottom of the measure, to be approved in like manner; and every such measure shall be filled by shovelling such salt or grain into the same, and the striking thereof shall always be lengthwise of the first described bar. And whoever sells or exposes to sale any salt or grain in any other measure, or fills or strikes such measure in any other manner than is provided in this section, shall forfeit fifty cents for every bushel of salt or grain so measured, filled, or stricken: provided, that salt may be measured from vessels in such measures as are used by the government of the United States, and that nothing contained in this section shall prevent the measuring of salt in tubs, or any proportional parts of hogsheads, without bars, as may be determined by any city or town.

180.

CHAPTER 52.

OF SHIPPING AND PILOTAGE.

PILOTS AND PILOTAGE. SECTION 1. Commissioners of pilots. Appointment,

tenure of office, and removal of. 2. to grant commissions as port and bay

pilots. 3. Duties, &c., of bay pilots. Fees. 4. Pilots not to interfere upon each other's

limits. 5. within limits, &c., to take charge of all

vessels, except, &c. 6. Vessels inward bound, except, &c., to pay

fees to first pilot, &c. 7. Lien for fees. 8. to give bond. 9. Surety on bond may terminate liability,

&c.

SECTION
10. Persons without pilot commissions not to

exercise duties.
11. Commissioners to keep an office, register

complaints, &c. 12. Pilots to render accounts. Penalty. 13. Commissioners to make, amend, and pub

lish, regulations. 14. to keep record. 15. Vessels of two hundred tons and under to

pay half pilotage. 16. Vessels exempt. 17. Pilotage of vessels taking steam towage.

SHIP OWNERS, MARINERS, AND CHARTERERS. 18. Ship owners, how far answerable for em

bezzlement, loss, &c.

SECTION
19. Contribution for embezzlement, loss, &c.,

in certain cases.
20. Charterer, to be deemed the owner, in case,

21. Preceding provisions not to affect other

remedies. 22. Boarding certain vessels without leave.

Penalty. 2. Persisting when forbidden, &c. Penalty. 24. Enticing crew to leave, &c. Penalty. 25. persons to leave who have received ad

vancements. 38. Seamen exempt from arrest for debt to

landlord, &c. 27. Penalties, how recovered. Arrest. 28. Harbor limits. 29. Word * vessel " construed.

VESSELS AND BOATS TRANSPORTING STONE,

&c.
SECTION
30. Weighers of lighters, &c., to be appointed

by selectmen, &c.
31. Lighters, &c., to be marked.
32. Duty of weighers.
33. Deduction, when may be made, &c.
34. Persons on board, where to keep while

marks are being taken.
35. Marks, to be annually examined.
36. Fees.
37. Penalty for neglecting to have lighters

weighed.
38. Penalty for falsely placing marks, &c.
39. Cities, &c., may establish ordinances, &c.,

respecting weighing, &c., lighters, &c., cha-
ployed in transporting stone, &c.

. 1855, 421, $ 1.

1855, 421, $ 2.

PILOTS AND PILOTAGE. SECTION 1. There shall be appointed by the governor with the Commissioners advice and consent of the council, three persons to be commissioners of pilots.t. Apa of pilots, who shall hold their offices for the term of three years unless ure of office, and sooner removed by the governor and council. The commissioners now in office shall, unless so removed, hold their offices according to the tenor of their respective commissions. When a vacancy occurs, a new appointment shall be made for the full term. SECT. 2. The commissioners shall grant commissions as pilots in

to grant comand for the several ports or harbors, to such number of competent and missions as trustworthy persons as they may deem necessary; and general com- pilots. missions as bay pilots, to all port pilots who may on examination prove competent to serve as such, for any two or more ports within the state. They may also grant to not more than ten persons who are not port pilots, and who upon examination prove competent for the service, general commissions as bay pilots, with authority to pilot vessels into the ports with which they are familiar.

SECT. 3. General or bay pilots may take charge of vessels boarded Duties, &c., of by them outside of the lines established as the limits of the peculiar bepilots. pilotage ground of the several ports, and pilot such vessels into their 1855, 421, $ 2. port of destination, if included within their commission; and no other pilot subsequently boarding such vessel shall have the right to interfere or claim any part of the pilotage fees therefor. If the port of destination of such vessel is not included within the commission of the pilot first boarding her, any pilot subsequently boarding her, and within whose commission her port of destination is included, may take charge of such vessel, and carry her into port, and in such case the pilotage fees shall be divided between the two pilots pro rata, according to the distances passed under the charge of each, to be adjusted in case of dispute by the decision of the commissioners or either of them; but the pilot first boarding the vessel shall receive not less than five dollars.

SECT. 4. No pilot shall interfere with the regular port pilots within Pilots not to inthe lines established as the limits of the peculiar pilotage ground of any terfere upon port, by boarding a vessel within said lines, if a pilot of said port is at limits. the time out in the waters of said port, and in sight. But if no pilot et. 412. of the port is so out and in sight, a general or bay pilot commissioned 1 Gray, 257. for the port may take charge of any vessel within said lines, pilot her into port, and receive the usual fees therefor. If in such case the vessel is subsequently boarded by a regular pilot of the port, the general pilot first boarding her shall receive pro rata pilotage, not less in amount than five dollars, as provided in the preceding section. SECT. 5. Every pilot shall, within the limits of his commission, and

within limits,

&c., to take according to the provisions of the two preceding sections, take charge charge of all

Vessels inward

&c.

Lien for fees.

1814, 168.

vesels except, of all vessels, except fishing vessels other than whaling vessels, singleK. S. 32, 897, 12. decked vessels of not more than three hundred and fifty tons sailing 1841, 45, $1. under a coasting license, vessels sailing from one port in the state to 1847, 279, $ 4.

another, and not in completion of a voyage from a place out of the state, and passenger steam vessels regulated by United States laws, and carrying a United States pilot.

SECT. 6. Every vessel inward bound, other than those included in bound care poates the exception in the preceding section, and excepting also vessels of to first pilot, not more than two hundred tons and those drawing less than seven R. S. 32, 99 7, 12. feet of water, shall pay to the first pilot offering his services and com1811, 45, $ 1.

missioned for her port of destination, the regular pilotage fee. But 1847, 279, $ 4.

vessels of not more than two hundred tons, not taking a pilot, shall pay only half pilotage fees, and those drawing less than seven feet of water and not taking a pilot, shall be wholly exempt therefrom.

SECT. 7. Every pilot shall have a lien for his pilotage fees, for the space of sixty days, upon the hull and appurtenances of any vessel

liable to him therefor. to give bond. SECT. 8. No person shall receive a commission or exercise the office 1855, 21, $ 3.

of a pilot, until he has given to the treasurer of the commonwealth a bond with sureties satisfactory to the commissioners, in the penal sum of one thousand dollars, for the faithful performance of all the duties

required by law of a pilot. Surety on bond, SECT. 9. A surety on a pilot's bond may, at the end of any year, may terminate terminate his liability thereon for the future acts of the pilot, by giving R. S. 32, $ 18. to the treasurer and the commissioners at least thirty days' notice of his

determination ; and the commissioners shall thereupon immediately notify the pilot, and require him to procure a new surety, under penalty of forfeiting his commission at the end of the year. And if at any time a pilot's bond appears to the commissioners insufficient, they may re

quire him, under a like penalty, to furnish a new bond. Persons with Secr. 10. Whoever, not holding a commission as a pilot, (except missions not to persons employed on board of the vessel for the voyage,) exercises the cxercise duties. duties of a pilot on board of any vessel within the waters of this state, 1857, 221, $ 4.

when a commissioned pilot offers his services, or can be obtained at a reasonable time, shall forfeit not less than twenty and not more than

fifty dollars, whether the vessel is liable to compulsory pilotage or not. Commissioners ŠECT. 11. The commissioners of pilots shall keep an office open at to keep an office, register

all times to receive, consider, and register in a book kept for the purcomplaints, &c. pose, complaints by and against pilots, and shall examine the evidence

.

concerning the same. If a pilot is guilty of an act whereby the condition of his bond is broken, the commissioners shall make complaint thereof to the treasurer, who shall cause a suit to be forthwith commenced and security to be taken for the benefit of all persons who have suffered by the misconduct or negligence of such pilot, and like proceedings shall be had as in suits on sheriff's bonds.

SECT. 12. Each pilot shall once in every three months render to the accounts. Penalty.

commissioners an account of all vessels piloted and of all money 1865, 421, $5.18 received by him, or by any person for him, for pilotage, and pay to the

commissioners six per cent. on the amount thereof, which shall be in full for their official services, and for the expenses of the office; and pilots may add six per cent. to the rates established by law at the time when they perform the service of piloting any vessel, and collect the same in like manner as they are authorized to collect the pilotage fees. If a pilot makes a false return of moneys so received, he shall forfeit a sum

not exceeding fifty dollars. Commissioners SECT. 13. The commissioners may from time to time make rules and to make amend, regulations concerning pilots and pilotage, establishing the port and R. S. 32, $$ 13,

harbor lines of the several ports and harbors, and the limits within which vessels shall be exempt from compulsory pilotage, and fixing the rates

5 Met. 412.

Pilots to render

ulations.

24.

« SebelumnyaLanjutkan »